The principle of treating expropriation as an ultima ratio measure in light of the amendment to the real property administration act of 4 April 2019, imposing a time limitation on restitution rights
The act of 4 April 2019 on the amendment of the real property administration act, which amends the r.p.a.a. in the field of restitution of expropriated property, among others, was essentially adopted to perform two decisions of the Constitution Tribunal (SK 39/15 and SK 26/14), which viewed certain...
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| Format: | Article |
| Language: | English |
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MINISTERSTWO SPRAWIEDLIWOŚCI (Ministry of Justice POLAND)
2019-09-01
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| Series: | Nieruchomości@ |
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| Online Access: | http://kwartalniknieruchomosci.ms.gov.pl/gicid/01.3001.0014.0240 |
| Summary: | The act of 4 April 2019 on the amendment of the real property administration act, which
amends the r.p.a.a. in the field of restitution of expropriated property, among others, was
essentially adopted to perform two decisions of the Constitution Tribunal (SK 39/15 and SK
26/14), which viewed certain heretofore solutions with criticism. The amendment act, which
in addition to amending the unconstitutional provisions, also introduced institutions previously
unknown to Polish expropriation legislation - the final date of submitting a request for restitution
of an expropriate real property (art. 136(7)). The paper presents a thesis that an expropriated
real property constitutes a „fixed-purpose” property, which means it may not be used for any
other purpose than that specified in the expropriation decision or contract. Failure to complete
this purpose, including its abandonment, means in fact that an unauthorised expansion of public
resources occurred when utilising the realm of imperium.
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| ISSN: | 2657-8247 2719-8030 |